MOFCOM's 'Fusion' Approach To Chinese Merger Control

Law360, New York (April 30, 2012, 1:41 PM EDT) -- We often hear about how China’s merger review “diverges” from other jurisdictions, most recently in reaction to conditional approvals of the Seagate/Samsung and Western Digital/Hitachi mergers. But the Ministry of Commerce of the People's Republic of China is merely doing its homework. Similar to “fusion” cuisine, MOFCOM practices “fusion” merger control as it blends two aspects: its mandate under the Anti-Monopoly Law, and the antitrust theories of other jurisdictions.

Unlike other jurisdictions, which are relatively independent of their respective governments, MOFCOM answers to the State Council....